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RUNNEBAUM v. NATIONSBANK OF MARYLAND, N.A.

No. 94-2200.

123 F.3d 156 (1997)

William RUNNEBAUM, Plaintiff-Appellant, v. NATIONSBANK OF MARYLAND, N.A., Defendant-Appellee. Whitman-Walker Clinical Legal Services Department; Equal Employment Opportunity Commission, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1997.

Attorney(s) appearing for the Case

ARGUED: Gerard Patrick Martin, Martin, Junghans, Snyder & Bernstein, P.A., Baltimore, MD, for Appellant. Eva Susan Tashian-Brown, Mcguire, Woods, Battle & Boothe, Richmond, VA, for Appellee. ON BRIEF: Gregg L. Bernstein, Martin, Junghans, Snyder & Bernstein, P.A., Baltimore, MD, for Appellant. Donald F. Burke, Mcguire, Woods, Battle & Boothe, Baltimore, Maryland, for Appellee. Daniel Bruner, Senior Litigation Counsel, Elizabeth A. Seaton, Associate Legal Services Director, Laura M. Flegel, Legal Services Director, Whitman-Walker Clinic, Inc., Washington, DC, for Amicus Curiae Whitman-Walker. C. Gregory Stewart, General Counsel, J. Ray Terry, Jr., Deputy Attorney General, Gwendolyn Young Reams, Associate General Counsel, Carolyn L. Wheeler, Assistant General Counsel, Paul Bogas, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae EEOC.

Before WILKINSON, Chief Judge, and WIDENER, HALL, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Chief Judge WILKINSON and Judges WIDENER, WILKINS, NIEMEYER, and LUTTIG joined. Judge HAMILTON wrote an opinion concurring in the judgment. Judge MICHAEL wrote a dissenting opinion, in which Judges K.K. HALL, MURNAGHAN, ERVIN, and DIANA GRIBBON MOTZ joined.

OPINION

WILLIAMS, Circuit Judge:

We granted en banc review of this case to consider the appeal of William Runnebaum...

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